COM. ex rel. KEHL v. MYERS

Criminal Law — Sentence — Indeterminate term — State Correctional Institution at Camp Hill — Transfer to another State penal institution — Necessity of minimum and maximum sentence.

1. In a habeas corpus proceeding, in which it appeared that petitioner was given an indeterminate sentence to the Pennsylvania Industrial School at Camp Hill, was later paroled, and while on parole committed crimes; that the Board of Parole directed that he be sent to the Eastern State Correctional Diagnostic and Classification Center for a classification summary, and thereafter he was transferred to the State Correctional Institution at Grater-ford to serve the unexpired portion of his original sentence; that relator contended that he was illegally confined because (a) there was no statutory authority for his transfer from the school to the State Correctional Institution at Graterford and that (b) he could not be confined in the penitentiary under a sentence which did not contain a minimum as well as a maximum term; and that the court below, holding that relator's contentions were without merit, denied the writ; it was Held that the order of the court below should be affirmed.

2. Commonwealth ex rel. Reed v. Maroney, 194 Pa. Super. 514, cited.

Submitted March 6, 1961.